Date: 20031125
Docket: A-509-02
SEXTON J.A.
MALONE J.A.
BETWEEN:
DIXIE FUNK
Applicant
and
HER MAJESTY THE QUEEN
Respondent
Heard at Winnipeg, Manitoba, on November 25, 2003.
Judgment delivered from the Bench at Winnipeg, Manitoba, on November 25, 2003.
REASONS FOR JUDGMENT BY: LINDEN J.A.
Date: 20031125
Docket: A-509-02
MALONE J.A.
BETWEEN:
DIXIE FUNK
Applicant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Winnipeg, Manitoba, on November 25, 2003)
LINDEN J.A.
[1] The appeal must be dismissed, but without costs in view of the special circumstances of this case.
[2] There was sufficient evidence upon which the Tax Court Judge could decide the residence issue as he did.
[3] In our view, however, there should have been no adverse inference drawn in this case where the mother protected her son from testifying on what was in large part a family dispute. There was no need to draw such an inference at all in the resolution of the residence issue.
[4] Counsel for the Crown has graciously agreed to use his best efforts to have reduced the amount of the monthly deductions, (that is 50% of $238.00) which is being taken from the current Child Tax Benefit being paid to the applicant for her other child, a five year old daughter. The Court is of the view that not only should the amount being taken be reduced, but that it should be reduced to no more than 20% of the current monthly benefit.
[5] Further, the Court suggests, if it is legally possible, that consideration be given to waiving all of the balance still owed of something like $1270.00, less than half of the total overpayment, in the light of the obvious hardship that is being caused to a good mother who is struggling valiantly to make ends meet.
"A.M. Linden"
J.A.
Winnipeg, Manitoba
November 25, 2003
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-509-02
STYLE OF CAUSE: Dixie Funk v. Her Majesty the Queen
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: November 25, 2003
REASONS FOR JUDGMENT OF THE COURT: LINDEN J.A., SEXTON J.A., MALONE J.A.
DELIVERED FROM THE BENCH BY: LINDEN J.A.
APPEARANCES:
|
Dixie Funk |
ON HER OWN BEHALF |
|
Michael vanDam Department of Justice 301 - 310 Broadway Winnipeg, MB R3C 0S6 |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Dixie Funk |
ON HER OWN BEHALF
|
|
Morris Rosenberg Deputy Attorney General of Canada |
FOR THE RESPONDENT |